246 Inquests of Office, [Ch.XlL By all the Justices in the Exchequer, lecta quts scripto nititur a scripto variare noii debet («)." And this distinction has been drawn, that where the King has part of a thing, ratione prcero^ gativae, there, if it be entire, he shall have the whole ; as if one of several obligees hejelo de se, or outlawed, the King or his assignee shall have the action sole ; but if he has title to a par- cel or part, by another^ there the King may join, as if an obliga- tion be made to a customer for customs, &c. there the King and the customer shall join {b). And, it seems, that the King- and a subject may join in a presentment, or qiiare impedit (c). Instances of the King and a subject joining are to be met with [d) ; and in one case the King and his chaplain joined in an action for trespass and contempt done in the King's palace, and in presence of him and his justices {e). In cases of this na- ture the writ may also abate for the subject, and stand for the King(/). The law having provided more efficacious and peculiar reme- dies in favor of the Crown, it is very unusual for it to proceed by the usual common law actions. 2. Proceedings under an inquisition or inquest of office^ or an o^^, as it is termed in the old books, is a peculiar prerogative remedy for the benefit of the Crown, which was formerly much in use, and is still resorted to on many occasions. It is an inquiry made (through the medium of an indefinite number, of jurors summoned by the sheriff (^)) ; by the King's officer, his sheriff, coroner, or escheator, virtute officii, or by writ to them sent for that purpose, or by commissioners specially appointed, concerning any matter that entitles the King to the possession of lands or tenements, goods or chattels (A). (a) Jenk. Cent. 65, pi. 22. Fitzh. Ab. tit. Joinder in Action, 3. Vin. Ab. tit. Prerogative, Q. 2. (A) 8 Edw. 4. 4, a. 246. 19 Hen. 6. 41, a. 10 Hen. 4. 3. Dyer, 95. F. N. B. 52. note (c). (c) F. N. B. 32. 16 Vin. Ab. 535. tit Prerogative, Q. 3. (rf) Ibid. (c) Bro. Abr. tit. Joinder in Action, pi. 56. tit. Prerog. pi. 48 : cites 27 Ass. 49. (/) Bro. Abr. tit. Prerog. pi. 100 : cites 35 Edw. 3. and Fitzh. Ab. Briefs^ 729. {g) Finch, L, 323, 4, 5. Com. Dig. Viscount, C. 5. Prerogative, D. 55. Gilb. Excheq. 109. But in the Addenda, 2 Manning's Pr. 635, is the following note : *' Inquisiiio evacuata in comilalu LintolnicE quia fuerunt tantum 1 1 Jura~ tores J Recorda, HiL 13. H. 6. Jones, lER Memoranda, tit, Inquiskio.^^ There should be several inquests of lands in difterent counties, &c. Staundf. Prse. Kegis, cap. 176. foL 51. (k) Ibid. These
